Criminal Code Amendment (No. 2) Act 2005
CRIMINAL CODE AMENDMENT (NO. 2) ACT 2005

1

BERMUDA

2005 : 15

CRIMINAL CODE AMENDMENT (No. 2) ACT 2005

Date of Assent: 21 July 2005

Sections 5, 6, 7, 10 and 11 Operative Date: 27 July 2005

ARRANGEMENT OF CLAUSES

1 Short title and
commencement

2 Interpretation
3 Section 16 of principal Act

repealed
4 Part IX of principal Act

repealed and replaced
5 Section 315 of principal

Act amended
6 Principal Act amended by

inserting new sections
315C to 315F

7 Section 322A of principal
Act amended

8 Parts XIX and XX of
principal Act repealed and
replaced

9 Part XXII of principal Act
repealed

10 Section 496 of the
principal Act repealed and
replaced.

11 Section 525 of principal
Act amended

12 Bermuda Monetary
Authority Act 1969
amended

13 Construction of references
to offences

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WHEREAS it is expedient to make new provisions in relation to
offences of having articles with a blade or point, and in relation to
offences of counterfeiting, theft, deception, forgery and kindred offences;
and for connected purposes.

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1. This Act may be cited as the Criminal Code Amendment (No. 2)
Act 2005 and shall come into operation on such day as the Minister of
Justice may appoint by notice published in the Gazette, and the Minister
may appoint different days for different provisions.

Interpretation
2. In this Act, the "principal Act" means the Criminal Code Act
1907.

Section 16 of principal Act repealed
3. Section 16 of the principal Act is repealed.

Part IX and of principal Act repealed and replaced
4. Part IX (sections 163 to 176) of the principal Act is repealed and
replaced with the following 

"Part IX

COUNTERFEITING AND KINDRED OFFENCES

Interpretation of Part IX

Meaning of “currency note” and “protected coin”
163 (1) In this Part —

"Bermuda coin" means any coin which is legal tender in
Bermuda;

"Bermuda currency note" means any note which is legal
tender in Bermuda;

“currency note” means—

(a) any Bermuda currency note; or

(b) any note which—

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(i) has been lawfully issued in some
country or territory other than
Bermuda; and

(ii) is customarily used as money in that
country or territory;

"imitation Bermuda coin" means anything which
resembles a Bermuda coin in shape, size and the
substance of which it is made;

"protected coin" means any coin which —

(a) is a Bermuda coin;

(b) is customarily used as money in any country or
territory; or

(c) is specified by the Minister of Finance for the
purposes of this Part.

(2) The Minister of Finance may, by order subject to
negative resolution procedure, specify coins for the purposes of
this Part.

Offences

Offences of counterfeiting notes and coins
164 (1) It is an offence for a person to make a counterfeit of a
currency note or of a protected coin, intending that he or
another shall pass or tender it as genuine.

(2) It is an offence for a person to make a counterfeit of a
currency note or of a protected coin without lawful authority or
excuse.

Offences of passing etc. counterfeit notes and coins
165 (1) It is an offence for a person—

(a) to pass or tender as genuine any thing which is
and which he knows or believes to be, a
counterfeit of a currency note or of a protected
coin; or

(b) to deliver to another any thing which is and
which he knows or believes to be such a
counterfeit intending that the person to whom it
is delivered or another shall pass or tender it as
genuine.

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(2) It is an offence for a person to deliver to another without
lawful authority or excuse any thing which is and which he
knows or believes to be a counterfeit of a currency note or of a
protected coin.

Offences involving the custody or control of counterfeit
notes and coins
166 (1) It is an offence for a person to have in his custody or
under his control anything which is and which he knows or
believes to be a counterfeit of a currency note or of a protected
coin, intending either to pass or tender it as genuine or to deliver
it to another with the intention that he or another shall pass or
tender it as genuine.

(2) It is an offence for a person to have in his custody or
under his control, without lawful authority or excuse, any thing
which is, and which he knows or believes to be, a counterfeit of a
currency note or of a protected coin.

(3) It is immaterial for the purposes of subsections (1) and
(2) that a coin or note is not in a fit state to be passed or
tendered or that the making or counterfeiting of a coin or note
has not been finished or perfected.

Offences involving the making or custody or control of
counterfeiting materials and implements
167 (1) It is an offence for a person to make, or to have in his
custody or under his control, any thing which he intends to use,
or to permit any other person to use, for the purpose of making a
counterfeit of a currency note or of a protected coin with the
intention that it be passed or tendered as genuine.

(2) It is an offence for a person without lawful authority or
excuse—

(a) to make; or

(b) to have in his custody or under his control;

any thing which, to his knowledge, is or has been specially
designed or adapted for the making of a counterfeit of a currency
note.

(3) Subject to subsection (4), it is an offence for a person to
make, or to have in his custody or under his control, any
implement which, to his knowledge, is capable of imparting to
any thing a resemblance—

(a) to the whole or part of either side of a protected
coin; or

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(b) to the whole or part of the reverse of the image
on either side of a protected coin.

(4) It shall be defence for a person charged with an offence
under subsection (3) to show—

(a) that he made the implement or, as the case may
be, had it in his custody or under his control,
with the written consent of the Bermuda
Monetary Authority; or

(b) that he had lawful authority otherwise than by
virtue of paragraph (a), or a lawful excuse, for
making it or having it in his custody or under
his control.

The offence of reproducing Bermuda currency notes
168 It is an offence for any person, unless the Bermuda
Monetary Authority has previously consented in writing, to
reproduce on any substance whatsoever, and whether or not on
the correct scale, any Bermuda currency note or any part of a
Bermuda currency note.

Offences of making etc. imitation Bermuda coins
169 It is an offence for a person—

(a) to make an imitation Bermuda coin in
connection with a scheme intended to promote
the sale of any product or the making of
contracts for the supply of any service; or

(b) to sell or distribute imitation Bermuda coins in
connection with any such scheme or to have
imitation Bermuda coins in his custody or under
his control with a view to such sale or
distribution;

unless the Bermuda Monetary Authority has previously
consented in writing to the sale or distribution of such imitation
Bermuda coins in connection with that scheme.

Prohibition of importation and exportation of counterfeits

Prohibition of importation of counterfeit notes and coins
170 The importation, landing or unloading of a counterfeit of a
currency note or of a protected coin without the consent of the
Bermuda Monetary Authority is hereby prohibited.

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Prohibition of exportation of counterfeit notes and coins
171 The exportation of a counterfeit of a currency note or of a
protected coin without the consent of the Bermuda Monetary
Authority is prohibited.

Penalties for offences under Part IX
172 (1) A person guilty of an offence to which this subsection
applies shall be liable on summary conviction to a fine of
$10,000 or to imprisonment for 5 years, or both; and on
conviction on indictment to a fine of $100,000 or to
imprisonment for ten years, or both.

(2) The offences to which subsection (1) applies are offences
under the following provisions of this Part—

(a) section 164(1);

(b) section 165(1);

(c) section 166(1) and

(d) section 167(1).

(3) A person guilty of an offence to which this subsection
applies shall be liable on summary conviction to a fine of $5,000
or to imprisonment for two years, or both; and on conviction on
indictment to a fine of $50,000 or to imprisonment for five years,
or both.

(4) The offences to which subsection (3) applies are offences
under the following provisions of this Part of this Act—

(a) section 164(2);

(b) section 165(2);

(c) section 166(2);

(d) section 167(2); and

(e) section 167(3).

(5) A person guilty of an offence under section 170 or 171
shall be liable on summary conviction to a fine of $10,000 and
on conviction on indictment to a fine of $100,000.

Powers of search, forfeiture, etc.
173 (1) If it appears to a magistrate, from information given him
on oath, that there is reasonable cause to believe that a person
has in his custody or under his control—

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(a) anything which is a counterfeit of a currency
note or of a protected coin, or which is a
reproduction made in contravention of section
168 or 169; or

(b) any thing which he or another has used,
whether before or after the coming into force of
this Part, or intends to use, for the making of
any such counterfeit, or the making of any
reproduction in contravention of section 168 or
169;

the magistrate may issue a warrant authorising a police officer to
search for and seize the object in question, and for that purpose
to enter any premises specified in the warrant.

(2) A police officer may at any time after the seizure of any
object suspected of falling within paragraph (a) or (b) of
subsection (1) (whether the seizure was effected by virtue of a
warrant under that subsection or otherwise) apply to the
Magistrates’ Court for an order under this subsection with
respect to the object; and the court, if it is satisfied both that the
object in fact falls within one or other of those paragraphs and
that it is conducive to the public interest to do so, may make
such order as it thinks fit for the forfeiture of the object and its
subsequent destruction or disposal.

(3) Subject to subsection (4), the court by or before which a
person is convicted of an offence under this Part may order any
thing shown to the satisfaction of the court to relate to the
offence to be forfeited and either destroyed or dealt with in such
other manner as the court may order.

(4) The court shall not order any thing to be forfeited under
subsection (2) or (3) where a person claiming to be the owner of
or otherwise interested in it applies to be heard by the court,
unless an opportunity has been given to him to show cause why
the order should not be made.

(5) Without prejudice to the generality of subsections (2)
and (3), the powers conferred on the court by those subsections
include power to direct that any object shall be passed to the
Bermuda Monetary Authority or to any person authorised by
such an authority to receive the object.

Directors’ etc. liability
174 (1) Where an offence under section 168 or 169 which has
been committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be

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attributable to any neglect on the part of, a director, manager,
secretary or other similar officer of the body corporate, or any
person who was purporting to act in any such capacity, he, as
well as the body corporate, shall be guilty of that offence and be
liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its
members, subsection (1) shall apply in relation to the acts and
defaults of a member in connection with his functions of
management as if he were a director of the body corporate.

Power of arrest
175 Every offence under this Part is an offence for which an
offender may be arrested without warrant, and the provisions of
section 454 shall apply to all such offences.".

Section 315 of principal Act amended
5. Section 315 (4) of the principal Act is amended by repealing the
definition of offensive weapon and substituting the following 

""offensive weapon" means any article made or adapted for use
for causing injury to or incapacitating a person, or intended by
the person having it with him for such use by him or by some
other person.".

Principal Act amended by inserting new sections 315C to 315F
6. The principal Act is amended by inserting the following sections
after section 315B

"Offence of having article with blade or point in public place
315C (1) Subject to subsections (4) and (5), any person who has
an article to which this section applies with him in a public place
shall be guilty of an offence.

(2) Subject to subsection (3), this section applies to any
article which has a blade or is sharply pointed except a folding
pocketknife.

(3) This section applies to a folding pocketknife if the
cutting edge of its blade exceeds 3 inches.

(4) It shall be a defence for a person charged with an
offence under this section to prove that he had good reason or
lawful authority for having the article with him in a public place.

(5) Without prejudice to the generality of subsection (4), it
shall be a defence for a person charged with an offence under
this section to prove that he had the article with him—

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(a) for use at work;

(b) for use at organized sporting events;

(c) for religious reasons; or

(d) as part of any national costume.

(6) A court which finds a person guilty of an offence under
subsection (1), shall —

(a) on summary conviction, impose a term of
imprisonment of not less than three years and not
more than five years and may in addition to the
prison sentence, impose a fine of $5,000;

(b) on conviction on indictment, impose a term of
imprisonment of not less than five years and not
more than seven years and may in addition to the
prison sentence, impose a fine of $10,000.

(7) In this section "public place" includes any place to
which at the material time the public have or are permitted
access, whether on payment or otherwise.

(8) This section shall not have effect in relation to
anything done before it comes into operation.

(9) An offence under this section is an offence for which
an offender may be arrested without warrant, and the provisions
of section 454 shall apply to such offence.

Offence of having article with blade or point (or offensive
weapon) on school premises
315D (1) Any person who has an article to which section 315C
applies with him on school premises shall be guilty of an offence.

(2) Any person who has an offensive weapon within the
meaning of section 315(4) with him on school premises shall be
guilty of an offence.

(3) It shall be a defence for a person charged with an
offence under subsection (1) or (2) to prove that he had good
reason or lawful authority for having the article or weapon with
him on the premises in question.

(4) Without prejudice to the generality of subsection (3), it
shall be a defence for a person charged with an offence under
subsection (1) or (2) to prove that he had the article or weapon in
question with him 

(a) for use at work;

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(b) for use at organized sporting events;

(c) for educational purposes;

(d) for religious reasons; or

(e) as part of any national costume.

(5) A court which finds a person guilty of an offence under
subsection (1) —

(a) shall on summary conviction, impose a term of
imprisonment of not less than five years and not
more than seven years and may in addition to the
prison sentence, impose a fine of $10,000; or

(b) shall on conviction on indictment, impose a term
of imprisonment of not less than seven years and
not more than ten years and may in addition to
the prison sentence, impose a fine of $20,000.

(6) A court which finds a person guilty of an offence under
subsection (2) —

(a) shall on summary conviction, impose a term of
imprisonment of not less than seven years and
not more than ten years and may in addition to
the prison sentence, impose a fine of $20,000; or

(b) shall on conviction on indictment, impose a term
of imprisonment of not less than ten years and
not more than fifteen years and may in addition
to the prison sentence, impose a fine of $25,000.

(7) In this section and section 315E, "school premises"
means land used for the purposes of a school excluding any land
occupied solely as a dwelling by a person employed at the school;
and "school" has the meaning given by section 2(1) of the
Education Act 1996.

(8) An offence under this section is an offence for which
an offender may be arrested without warrant, and the provisions
of section 454 shall apply to such offence.

Power of entry to search for articles with a blade or point
and offensive weapons
315E (1) A police officer may enter school premises and search
those premises and any person on those premises for 

(a) any article to which section 315C applies; or

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(b) any offensive weapon within the meaning of
section 315(4),

if he has reasonable grounds for believing that an offence under
section 315D of this Act is being, or has been, committed.

(2) If in the course of a search under this section a police
officer discovers an article or weapon which he has reasonable
grounds for suspecting to be an article or weapon of a kind
described in subsection (1), he may seize and retain it.

(3) The police officer may use reasonable force, if
necessary, in the exercise of the power of entry conferred by this
section.".

Power to stop and search in anticipation of violence
315F (1) If a police officer of or above the rank of inspector
reasonably believes 

(a) that incidents involving serious violence may take
place in any locality and that it is expedient to
give an authorisation under this section to
prevent their occurrence; or

(b) that persons are carrying dangerous instruments
or offensive weapons in any locality without good
reason,

he may give an authorisation that the powers conferred by this
section are to be exercisable at any place within that locality for
a specified period not exceeding 24 hours.

(2) If it appears to an officer of or above the rank of
superintendent that it is expedient to do so, having regard to
offences which have, or are reasonably suspected to have, been
committed in connection with any activity falling within the
authorisation, he may direct that the authorisation shall
continue in being for a further 24 hours.

(3) If an inspector gives an authorisation under subsection
(1) he must, as soon as it is practicable to do so, cause an officer
of or above the rank of superintendent to be informed.

(4) This section confers on any police officer in uniform
power

(a) to stop any pedestrian and search him or
anything carried by him for offensive weapons or
dangerous instruments; or

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(b) to stop any vehicle and search the vehicle, its
driver and any passenger for offensive weapons or
dangerous instruments.

(5) A police officer may, in the exercise of the powers
conferred by subsection (4), stop any person or vehicle and make
any search he thinks fit whether or not he has any grounds for
suspecting that the person or vehicle is carrying weapons or
articles of that kind.

(6) If in the course of a search under this section a police
officer discovers a dangerous instrument or an article which he
has reasonable grounds for suspecting to be an offensive
weapon, he may seize it.

(7) This section applies (with the necessary modifications) to
ships, aircraft and hovercraft as it applies to vehicles.

(8) A person who fails to stop, or to stop a vehicle when
required to do so by a police officer in the exercise of his powers
under this section shall be liable on summary conviction to a
fine of $500 or to imprisonment for a term of three months or to
both.

(9) Any authorisation under this section shall be in writing
signed by the officer giving it and shall specify the grounds on
which it is given and the locality in which and the period during
which the powers conferred by this section are exercisable and a
direction under subsection (3) shall also be given in writing or,
where that is not practicable, recorded in writing as soon as it is
practicable to do so.

(10) Where a vehicle is stopped by a police officer under this
section, the driver shall be entitled to obtain a written statement
that the vehicle was stopped under the powers conferred by this
section if he applies for such a statement not later than the end of
the period of twelve months from the day on which the vehicle
was stopped.

(11) A person who is searched by a police officer under this
section shall be entitled to obtain a written statement that he was
searched under the powers conferred by this section if he applies
for such a statement not later than the end of the period of twelve
months from the day on which he was searched.

(12) In this section

"dangerous instruments" means instruments which have
a blade or are sharply pointed;

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"offensive weapon" has the meaning given in section
315(4).

(13) For the purposes of this section, a person carries a
dangerous instrument or an offensive weapon if he has it in his
possession.

(14) The powers conferred by this section are in addition to
and not in derogation of, any power otherwise conferred.".

Section 322A of principal Act amended
7. Section 322A of the principal Act is amended by inserting
"315C," after "315(1),".

Parts XIX and XX of principal Act repealed and replaced
8. Parts XIX (sections 330 to 367) and XX (sections 368 to 391) of
the principal Act are repealed and replaced with the following 

"PART XIX

THEFT, BURGLARY AND COGNATE OFFENCES

Chapter 1: Trespass in and around dwelling houses

Trespass in dwelling-house
329I (1) Any person who, without lawful excuse, the proof of which
shall be upon him, enters or is found in any dwelling-house or in any
building which is adjacent to a dwelling-house and occupied with it but
which is not part of it, is guilty of an offence.

(2) A person convicted of an offence under this section is
liable —

(a) on summary conviction, to a term of imprisonment of
three years; and

(b) on conviction on indictment, to a term of imprisonment
of five years.

Prowling etc about dwelling-houses
329J Any person who, without lawful excuse, the proof of which shall
be upon him, hovers, lurks or prowls about, or attempts to enter, any
dwelling-house, commits an offence and is liable —

(a) on summary conviction, to a term of imprisonment of
three years; and

(b) on conviction on indictment, to a term of imprisonment
of five years.

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Chapter 2: Theft

Interpretation
330 (1) Sections 334(1) and 335(1) shall apply generally for
purposes of this Chapter as they apply for purposes of section
331.

(2) For purposes of this Chapter—

“gain” and “loss” are to be construed as extending only
to gain or loss in money or other property, but as
extending to any such gain or loss whether
temporary or permanent; and—

(a) “gain” includes a gain by keeping what one has,
as well as a gain by getting what one has not;
and

(b) “loss” includes a loss by not getting what one
might get, as well as a loss by parting with what
one has;

(c) “goods”, except in so far as the context otherwise
requires, includes money and every other
description of property except land, and includes
things severed from the land by stealing;

"deception" has the meaning given in section 345.

Definition of “Theft”

Basic definition of theft
331 (1) A person is guilty of theft if he dishonestly appropriates
property belonging to another with the intention of permanently
depriving the other of it; and “thief” and “steal” shall be
construed accordingly.

(2) It is immaterial whether the appropriation is made with
a view to gain or is made for the thief’s own benefit.

(3) The five following sections shall have effect as regards
the interpretation and operation of this section (and, except as
otherwise provided by this Act, shall apply only for the purposes
of this section).

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"Dishonestly"
332 (1) A person’s appropriation of property belonging to
another is not to be regarded as dishonest—

(a) if he appropriates the property in the belief that
he has in law the right to deprive the other of it,
on behalf of himself or of a third person; or

(b) if he appropriates the property in the belief that
he would have the other's consent if the other
knew of the appropriation and the
circumstances of it; or

(c) (except where the property came to him as
trustee or personal representative) if he
appropriates the property in the belief that the
person to whom the property belongs cannot be
discovered by taking reasonable steps.

(2) A person’s appropriation of property belonging to
another may be dishonest notwithstanding that he is willing to
pay for the property.

"Appropriates"
333 (1) Any assumption by a person of the rights of an owner
amounts to an appropriation, and this includes, where he has
come by the property (innocently or not) without stealing it any
later assumption of a right to it by keeping or dealing with it as
owner.

(2) Where property or a right or interest in property is or
purports to be transferred for value to a person acting in good
faith, no later assumption by him of rights which he believed
himself to be acquiring shall, by reason of any defect in the
transferor’s title, amount to theft of the property.

"Property"
334 (1) Property includes money and all other property, real or
personal, including things in action and other intangible
property.

(2) A person cannot steal land, or things forming part of
land and severed from it by him or by his directions, except in
the following cases, that is to say—

(a) when he is a trustee or personal representative,
or is authorised by power of attorney, or as
liquidator of a company, or otherwise, to sell or
dispose of land belonging to another, and he

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appropriates the land or anything forming part
of it by dealing with it in breach of the
confidence reposed in him; or

(b) when he is not in possession of the land and
appropriates anything forming part of the land
by severing it or causing it to be severed, or after
it has been severed; or

(c) when, being in possession of the land under a
tenancy, he appropriates the whole or part of
any fixture or structure let to be used with the
land.

(3) A person who picks flowers, fruit or foliage from a plant
growing wild on any land, does not (although not in possession
of the land) steal what he picks, unless he does it for reward or
for sale or other commercial purpose.

(4) Wild creatures, tamed or untamed, shall be regarded as
property; but a person cannot steal a wild creature not tamed
nor ordinarily kept in captivity, or the carcase of any such
creature, unless either it has been reduced into possession by or
on behalf of another person and possession of it has not since
been lost or abandoned, or another person is in course of
reducing it into possession.

(5) For purposes of this section 

“land” does not include incorporeal hereditaments;

“plant” includes any shrub or tree;

“tenancy” means a tenancy for years or any less period
and includes an agreement for such a tenancy, but a
person who after the end of a tenancy remains in
possession [as statutory tenant] or otherwise is to be
treated as having possession under the tenancy, and
“let” shall be construed accordingly.

"Belonging to another"
335 (1) Property shall be regarded as belonging to any person
having possession or control of it, or having in it any proprietary
right or interest (not being an equitable interest arising only from
an agreement to transfer or grant an interest).

(2) Where property is subject to a trust, the persons to
whom it belongs shall be regarded as including any person
having a right to enforce the trust, and an intention to defeat the

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trust shall be regarded accordingly as an intention to deprive of
the property any person having that right.

(3) Where a person receives property from or on account of
another, and is under an obligation to the other to retain and
deal with that property or its proceeds in a particular way, the
property or proceeds shall be regarded (as against him) as
belonging to the other.

(4) Where a person gets property by another’s mistake, and
is under an obligation to make restoration (in whole or in part) of
the property or its proceeds or of the value thereof, then to the
extent of that obligation the property or proceeds shall be
regarded (as against him) as belonging to the person entitled to
restoration, and an intention not to make restoration shall be
regarded accordingly as an intention to deprive that person of
the property or proceeds.

(5) Property of a corporation sole shall be regarded as
belonging to the corporation notwithstanding a vacancy in the
corporation.

"With the intention of permanently depriving the other of it"
336 (1) A person appropriating property belonging to another
without meaning the other permanently to lose the thing itself is
nevertheless to be regarded as having the intention of
permanently depriving the other of it if his intention is to treat
the thing as his own to dispose of regardless of the other’s rights;
and a borrowing or lending of it may amount to so treating it if
but only if the borrowing or lending is for a period and in
circumstances making it equivalent to an outright taking or
disposal.

(2) Without prejudice to the generality of subsection (1)
where a person, having possession or control (lawfully or not) of
property belonging to another, parts with the property under a
condition as to its return which he may not be able to perform,
this (if done for purposes of his own and without the other’s
authority) amounts to treating the property as his own to dispose
of regardless of the other’s rights.

Theft, Robbery, Burglary, etc.

Theft
337 (1) A person guilty of theft shall be liable on summary
conviction to a fine of $10,000 or to imprisonment for five years,
or both; and on conviction on indictment to a fine of $100,000 or
to imprisonment for ten years, or both.

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18

(2) Notwithstanding subsection (1), where a person is
charged with the theft of any article the value of which is $1,000
or less, the court shall proceed as if the offence were triable only
summarily.

Robbery
338 (1) A person is guilty of robbery if he steals, and
immediately before or at the time of doing so, and in order to do
so, he uses force on any person or puts or seeks to put any
person in fear of being then and there subjected to force.

(2) A person guilty of robbery, or of an assault with intent to
rob, shall be liable on summary conviction to a fine of $10,000
or to imprisonment for five years, or both; and on conviction on
indictment to imprisonment for twenty years.

Burglary
339 (1) A person is guilty of burglary if—

(a) he enters any building or part of a building as a
trespasser and with intent to commit any such
offence as is mentioned in subsection (2); or

(b) having entered any building or part of a building
as a trespasser he steals or attempts to steal
anything in the building or that part of it or
inflicts or attempts to inflict on any person
therein any actual bodily harm.

(2) The offènces referred to in subsection (1)(a) are offences
of stealing anything in the building or part of a building in
question, of inflicting on any person therein any actual bodily
harm or sexually assaulting any person therein and of doing
unlawful damage to the building or anything there.

(3) A person guilty of burglary shall —

(a) on summary conviction be liable to a fine of
$10,000 or to imprisonment for five years or to
both;

(b) on conviction on indictment be liable to
imprisonment as follows

(i) where the offence was committed in respect
of a building or part of a building which is a
dwelling, fourteen years;

(ii) in any other case ten years.

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19

(4) References in subsections (1) and (2) to a building and
the reference in subsection (3) to a building which is a dwelling,
shall apply also to an inhabited vehicle or vessel and shall apply
to any such vehicle or vessel at times when the person having a
habitation in it is not there as well as at times when he is.

Aggravated burglary
340 (1) A person is guilty of aggravated burglary if he commits
any burglary and at the time has with him any firearm or
imitation firearm, any offensive weapon, article with a blade or a
point or any explosive; and for this purpose—

(a) "firearm" includes an air gun or air pistol, and
“imitation firearm” means anything which has
the appearance of being a firearm, whether
capable of being discharged or not; and

(b) "offensive weapon" has the meaning given in
section 315 (4) ;

(c) "article with a blade or a point" shall be
construed in accordance with section 315C (2);
and

(d) "explosive" means any article manufactured for
the purpose of producing a practical effect by
explosion, or intended by the person having it
with him for that purpose.

(2) A person guilty of aggravated burglary shall on
conviction on indictment be liable to imprisonment for twenty
years.

Removal of articles from places open to the public
341 (1) Subject to subsections (2) and (3), where the public have
access to a building in order to view the building or part of it, or
a collection or part of a collection housed in it, any person who
without lawful authority removes from the building or its
grounds the whole or part of any article displayed or kept for
display to the public in the building or that part of it or in its
grounds shall be guilty of an offence.

(2) For this purpose “collection” includes a collection got
together for a temporary purpose, but references in this section
to a collection do not apply to a collection made or exhibited for
the purpose of effecting sales or other commercial dealings.

(3) It is immaterial for purposes of subsection (1), that the
public’s access to a building is limited to a particular period or

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20

particular occasion; but where anything removed from a building
or its grounds is there otherwise than as forming part of, or
being on loan for exhibition with, a collection intended for
permanent exhibition to the public, the person removing it does
not thereby commit an offence under this section unless he
removes it on a day when the public have access to the building
as mentioned in subsection (1).

(4) A person does not commit an offence under this section
if he believes that he has lawful authority for the removal of the
thing in question or that he would have it if the person entitled
to give it knew of the removal and the circumstances of it.

(5) A person guilty of an offence under this section shall, on
summary conviction be liable to a fine of $10,000 or
imprisonment for five years or both, and on conviction on
indictment, to a fine of $50,000 or imprisonment for a term of
ten years, or both.

Taking motor vehicle or other conveyance without authority
342 (1) Subject to subsections (5) and (6), a person shall be
guilty of an offence if, without having the consent of the owner or
other lawful authority, he takes any conveyance for his own or
another's use or, knowing that any conveyance has been taken
without such authority, drives it or allows himself to be carried
in or on it.

(2) A person guilty of an offence under subsection (1) shall
be liable on summary conviction to a fine of $5,000 or to
imprisonment for two years, or both.

(3) If on the trial of an indictment for theft the jury are not
satisfied that the accused committed theft, but it is proved that
the accused committed an offence under subsection (1), the jury
may find him guilty of the offence under subsection (1) and if he
is found guilty of it, he shall be liable as he would have been
liable under subsection (2) on summary conviction.

(4) Proceedings for an offence under subsection (1) (but not
proceedings of a kind falling within subsection (3)) in relation to
a mechanically propelled vehicle

(a) shall not be commenced after the end of the
period of three years beginning with the day on
which the offence was committed; but

(b) subject to that may be commenced at any time
within the period of six months beginning with
the relevant day.

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21

(5) Subsection (1) shall not apply in relation to pedal cycles;
but, subject to subsection (6), a person who, without having the
consent of the owner or other lawful authority, takes a pedal
cycle for his own or another’s use, or rides a pedal cycle knowing
it to have been taken without such authority, is guilty of an
offence and liable on summary conviction to a fine of $1,000.

(6) A person does not commit an offence under this section
by anything done in the belief that he has lawful authority to do
it or that he would have the owner’s consent if the owner knew of
his doing it and the circumstances of it.

(7) For purposes of this section—

“conveyance” means any conveyance constructed or
adapted for the carriage of a person or persons
whether by land, water or air, except that it does not
include a conveyance constructed or adapted for use
only under the control of a person not carried in or
on it, and “drive” shall be construed accordingly;

"owner”, in relation to a conveyance which is the subject
of a hiring agreement or hire-purchase agreement,
means the person in possession of the conveyance
under that agreement;

"relevant day" means the day on which sufficient
evidence to justify the proceedings came to the
knowledge of any person responsible for deciding
whether to commence any such prosecution.

Aggravated vehicle-taking
343 (1) Subject to subsection (3), a person is guilty of aggravated
taking of a vehicle if —

(a) he commits an offence under section 342(1) (in
this section referred to as a “basic offence”) in
relation to a mechanically propelled vehicle; and

(b) it is proved that, at any time after the vehicle
was unlawfully taken (whether by him or
another) and before it was recovered, the vehicle
was driven, or injury or damage was caused, in
one or more of the circumstances set out in
paragraphs (a) to (d) of subsection (2).

(2) The circumstances referred to in subsection (1)(b) are—

(a) that the vehicle was driven dangerously on a
road or other public place;

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22

(b) that, owing to the driving of the vehicle, an
accident occurred by which injury was caused to
any person;

(c) that, owing to the driving of the vehicle, an
accident occurred by which damage was caused
to any property, other than the vehicle;

(d) that it was caused to the vehicle.

(3) A person is not guilty of an offence under this section if
he proves that, as regards any such proven driving, injury or
damage as is referred to in subsection (1)(b), either—

(a) the driving, accident or damage referred to in
subsection (2) occurred before he committed the
basic offence; or

(b) he was neither in nor on nor in the immediate
vicinity of the vehicle when that driving, accident
or damage occurred.

(4) A person guilty of an offence under this section shall be
liable on conviction on indictment to imprisonment for five years
or, if it is proved that, in circumstances falling within subsection
(2)(b), the accident caused the death of the person concerned, for
seven years.

(5) If a person who is charged with an offence under this
section is found not guilty of that offence but it is proved that he
committed a basic offence, he may be convicted of the basic
offence.

(6) If by virtue of subsection (5) a person is convicted of a
basic offence before the Supreme Court that court shall have the
same powers and duties as the Magistrates Court would have
had on convicting him of such an offence.

(7) For the purposes of this section a vehicle is driven
dangerously if—

(a) it is driven in a way which falls far below what
would be expected of a competent and careful
driver; and

(b) it would be obvious to a competent and careful
driver that driving the vehicle in that way would
be dangerous.

(8) For the purposes of this section a vehicle is recovered
when it is restored to its owner or to other lawful possession or

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23

custody; and in this subsection “owner” has the same meaning
as in section 342(7)

Abstracting of electricity
344 A person who dishonestly uses without due authority, or
dishonestly causes to be wasted or diverted, any electricity shall
be guilty of an offence and liable on summary conviction to a fine
of $5,000 or to imprisonment for twelve months, or both; and on
conviction on indictment be liable to a fine of $50,000 or
imprisonment for two years, or both.

Fraud and blackmail

Obtaining property by deception
345 (1) A person who by any deception dishonestly obtains
property belonging to another, with the intention of permanently
depriving the other of it shall be guilty of an offence and liable on
summary conviction to a fine of $10,000 or to imprisonment for
five years, or both; and on conviction on indictment to a fine of
$100,000 or imprisonment for ten years, or both.

(2) For purposes of this section a person is to be treated as
obtaining property if he obtains ownership, possession or control
of it, and obtain includes obtaining for another or enabling
another to obtain or to retain.

(3) Section 336 shall apply for purposes of this section with
the necessary adaptation of the reference to appropriating, as it
applies for purposes of section 331.

(4) For purposes of this section "deception" means any
deception (whether deliberate or reckless) by words or conduct
as to fact or as to law including a deception as to the present
intentions of the person using the deception or any other person.

Obtaining a money transfer by deception
346 (1) A person is guilty of an offence if by any deception he
dishonestly obtains a money transfer for himself or another.

(2) A money transfer occurs when—

(a) a debit is made to one account;

(b) a credit is made to another; and

(c) the credit results from the debit or the debit
results from the credit.

(3) References to a credit and to a debit are to a credit of an
amount of money and to a debit of an amount of money.

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24

(4) It is immaterial (in particular)—

(a) whether the amount credited is the same as the
amount debited;

(b) whether the money transfer is effected on
presentment of a cheque or by another method;

(c) whether any delay occurs in the process by
which the money transfer is effected;

(d) whether any intermediate credits or debits are
made in the course of the money transfer;

(e) whether either of the accounts is overdrawn
before or after the money transfer is effected.

(5) A person guilty of an offence under this section shall be
liable on summary conviction to a fine of $10,000 or to
imprisonment for five years, or both; and on conviction on
indictment to a fine of $100,000 or imprisonment for ten years
or both.

(6) For purposes of this section “account” means an account
kept with a deposit taking business within the meaning of
section 4 of the Banks and Deposits Companies Act 1999.

Obtaining pecuniary advantage by deception
347 (1) A person who by any deception dishonestly obtains for
himself or another any pecuniary advantage shall be guilty of an
offence and liable on summary conviction to a fine of $10,000 or
to imprisonment for five years, or both; and on conviction on
indictment to a fine of $100,000 or to imprisonment for ten years
or both.

(2) The cases in which a pecuniary advantage within the
meaning of this section is to be regarded as obtained for a
person are cases where—

(a) he is allowed to borrow by way of overdraft, or to
take out any policy of insurance or annuity
contract, or obtains an improvement of the
terms on which he is allowed to do so; or

(b) he is given the opportunity to earn remuneration
or greater remuneration in an office or
employment, or to win money by betting.

(3) For purposes of this section “deception” has the same
meaning as in section 345(4).

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25

Obtaining services by deception
348 (1) A person who by any deception dishonestly obtains
services from another shall be guilty of an offence and liable on
summary conviction to a fine of $10,000 or to imprisonment for
five years, or both; and on conviction on indictment to a fine of
$100,000 or imprisonment for ten years or both.

(2) It is an obtaining of services where the other is induced
to confer a benefit by doing some act, or causing or permitting
some act to be done, on the understanding that the benefit has
been or will be paid for.

(3) Without prejudice to the generality of subsection (2), it is
an obtaining of services where the other is induced to make a
loan, or to cause or permit a loan to be made, on the
understanding that any payment (whether by way of interest or
otherwise) will or has been made in respect of the loan.

Evasion of liability by deception
349 (1) Subject to subsection (2), where a person by any
deception—

(a) dishonestly secures the remission of the whole
or part of any existing liability to make a
payment, whether his own liability or another's;

(b) with intent to make permanent default in whole
or in part on any existing liability to make a
payment or with intent to let another do so
dishonestly induces the creditor or any person
claiming payment on behalf of the creditor to
wait for payment (whether or not the due date
for payment is deferred) or to forgo payment; or

(c) dishonestly obtains any exemption from or
abatement of liability to make a payment;

he shall be guilty of an offence and liable on summary conviction
to a fine of $10,000 or to imprisonment for five years, or both;
and on conviction on indictment a fine of $100,000 or to
imprisonment for ten years or both.

(2) For purposes of this section "liability" means legally
enforceable liability; and subsection (1) shall not apply in
relation to a liability that has not been accepted or established to
pay compensation for a wrongful act or omission.

(3) For purposes of subsection (1)(b) a person induced to
take in payment a cheque or other security for money by way of

CRIMINAL CODE AMENDMENT (NO. 2) ACT 2005

26

conditional satisfaction of a pre-existing liability is to be treated
not as being paid but as being induced to wait for payment.

(4) For purposes of subsection (1)(c) “obtains” includes
obtaining for another or enabling another to obtain.

Making off without payment
350 (1) Subject to subsection (3), a person who, knowing that
payment on the spot for any goods supplied or service done is
required or expected from him, dishonestly makes off without
having paid as required or expected and with intent to avoid
payment of the amount due shall be guilty of an offence and
liable on summary conviction to a fine of $10,000 or to
imprisonment for two years or both.

(2) For purposes of this section “payment on the spot”
includes payment at the time of collecting goods on which work
has been done or in respect of which service has been provided.

(3) Subsection (1) shall not apply where the supply of the
goods or the doing of the service is contrary to law, or where the
service done is such that payment is nor legally enforceable.

False accounting
351 (1) Where a person dishonestly, with a view to gain for
himself or another or with intent to cause loss to another —

(a) destroys, defaces, conceals or falsifies any
account or any record or document made or
required for any accounting purpose; or

(b) in furnishing information for any purpose
produces or makes use of any account, or any
such record or document as aforesaid which to
his knowledge is or may be misleading, false or
deceptive in a material particular;

he shall be guilty of an offence and liable on summary conviction
to a fine of $10,000 or imprisonment for five years, or both and
on conviction on indictment to a fine of $100,000 or
imprisonment for ten years or both.

(2) For purposes of this section a person who makes or
concurs in making in an account or other document an entry
which is or may be misleading, false or deceptive in a material
particular or who omits or concurs in omitting a material
particular from an account or other document, is to be treated as
falsifying the account or document.

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27

Liability of company officers for certain offences by
company
352 (1) Where an offence committed by a body corporate under
section 345, 347 or 351 is proved to have been committed with
the consent or connivance of any director, manager, secretary or
other similar officer of the body corporate, or any person who
was purporting to act in any such capacity, he as well as the
body corporate shall be guilty of that offence, and shall be liable
to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its
members, this section shall apply in relation to the acts and
defaults of a member in connection with his functions of
management as if he were a director of the body corporate.

False statements by company directors, etc.
353 (1) Where an officer of a body corporate or unincorporated
association (or person purporting to act as such), with intent to
deceive members or creditors of the body corporate or
association about its affairs, publishes or concurs in publishing
a written statement or account which to his knowledge is or may
be misleading, false or deceptive in a material particular, he
shall be guilty of an offence and liable on summary conviction to
a fine of $10,000 or imprisonment for five years or both; and on
conviction on indictment to a fine of $100,000 or imprisonment
for ten years or both.

(2) For purposes of this section a person who has entered
into a security for the benefit of a body corporate or association
is to be treated as a creditor of it.

(3) Where the affairs of a body corporate or association are
managed by its members, this section shall apply to any
statement which a member publishes or concurs in publishing
in connection with his functions of management as if he were an
officer of the body corporate or association.

Suppression, etc. of documents
354 (1) A person who dishonestly, with a view to gain for himself
or another or with intent to cause loss to another, destroys,
defaces or conceals any valuable security, any will or other
testamentary document or any original document of or belonging
to, or filed or deposited in, any court of justice or any
government department shall on conviction on indictment be
liable a fine of $100,000 or to imprisonment for ten years or
both.

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28

(2) A person who dishonestly, with a view to gain for himself
or another or with intent to cause loss to another, by any
deception procures the execution of a valuable security shall be
guilty of an offence and liable on conviction on indictment to a
fine of $100,000 or to imprisonment for a term of ten years or
both; and this subsection shall apply in relation to the making,
acceptance, endorsement, alteration, cancellation or destruction
in whole or in part of a valuable security, and in relation to the
signing or sealing of any paper or other material in order that it
may be made or converted into, or used or dealt with as, a
valuable security, as if that were the execution of a valuable
security.

(3) For purposes of this section “valuable security” means
any document creating, transferring, surrendering or releasing
any right to, in or over property, or authorising the payment of
money or delivery of any property, or evidencing the creation,
transfer, surrender or release of any such right, or the payment
of money or delivery of any property, or the satisfaction of any
obligation.

Blackmail
355 (1) A person is guilty of blackmail if, with a view to gain for
himself or another or with intent to cause loss to another, he
makes any unwarranted demand with menaces; and for this
purpose a demand with menaces is unwarranted unless the
person making it does so in the belief—

(a) that he has reasonable grounds for making the
demand; and

(b) that the use of the menaces is a proper means of
reinforcing the demand.

(2) The nature of the act or omission demanded is
immaterial, and it is also immaterial whether the menaces relate
to action to be taken by the person making the demand.

(3) A person guilty of blackmail shall be liable on conviction
on indictment to a fine of $250,000 or imprisonment for fourteen
years or both.

Offences relating to goods stolen etc.

Handling stolen goods
356 (1) A person handles stolen goods if (otherwise than in the
course of the stealing) knowing or believing them to be stolen
goods he dishonestly receives the goods, or dishonestly

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29

undertakes or assists in their retention, removal, disposal or
realisation by or for the benefit of another person, or if he
arranges to do so.

(2) A person guilty of handling stolen goods shall be liable
on summary conviction to a fine of $10,000 or to imprisonment
for five years or both; and on conviction on indictment to a fine
of $150,000 or imprisonment for fourteen years, or both.

Advertising rewards for return of goods stolen or lost
357 Where any public advertisement of a reward for the return
of any goods which have been stolen or lost uses any words to
the effect that no questions will be asked, or that the person
producing the goods will be safe from apprehension or inquiry,
or that money paid for the purchase of the goods or advanced by
way of loan on them will be repaid, the person advertising the
reward and any person who prints or publishes the
advertisement shall be guilty of an offence and liable on
summary conviction to a fine of $5,000.

Scope of offences relating to stolen goods
358 (1) The provisions of this Chapter relating to goods which
have been stolen shall apply whether the stealing occurred in
Bermuda or elsewhere, and whether it occurred before or after
the commencement of this Chapter, provided that the stealing (if
not an offence under this Chapter) amounted to an offence where
and at the time when the goods were stolen; and references to
stolen goods shall be construed accordingly.

(2) For purposes of those provisions references to stolen
goods shall include, in addition to the goods originally stolen and
parts of them (whether in their original state or not) —

(a) any other goods which directly or indirectly
represent or have at any time represented the
stolen goods in the hands of the thief as being
the proceeds of any disposal or realisation of the
whole or part of the goods stolen or of goods so
representing the stolen goods; and

(b) any other goods which directly or indirectly
represent or have at any time represented the
stolen goods in the hands of a handler of the
stolen goods or any part of them as being the
proceeds of any disposal or realisation of the
whole or part of the stolen goods handled by him
or of goods so representing them.

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30

(3) But no goods shall be regarded as having continued to
be stolen goods after they have been restored to the person from
whom they were stolen or to other lawful possession or custody
or after that person and any other person claiming through him
have otherwise ceased as regards those goods to have any right
to restitution in respect of the theft.

(4) For purposes of the provisions of this Chapter relating to
goods which have been stolen (including subsections (1) to (3))
goods obtained in Bermuda or elsewhere either by blackmail or
in the circumstances described in section 345(1) shall be
regarded as stolen and "steal", " theft" and "thief" shall be
construed accordingly.

Dishonestly retaining a wrongful credit
359 (1) A person is guilty of an offence if—

(a) a wrongful credit has been made to an account
kept by him or in respect of which he has any
right or interest;

(b) he knows or believes that the credit is wrongful;
and

(c) he dishonestly fails to take such steps as are
reasonable in the circumstances to secure that
the credit is cancelled.

(2) References to a credit are to a credit of an amount of
money.

(3) A credit to an account is wrongful if it is the credit side
of a money transfer obtained contrary to section 346.

(4) A credit to an account is also wrongful to the extent that
it derives from—

(a) theft;

(b) an offence under section 346;

(c) blackmail; or

(d) stolen goods.

(5) In determining whether a credit to an account is
wrongful, it is immaterial (in particular) whether the account is
overdrawn before or after the credit is made.

(6) A person guilty of an offence under this section shall be
liable on summary conviction to a fine of $10,000 or to
imprisonment for five years, or both and on conviction on

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31

indictment to a fine of $100,000 or imprisonment for ten years
or both.

(7) Subsection (8) applies for purposes of provisions of this
Chapter relating to stolen goods (including subsection (4)).

(8) References to stolen goods include money which is
dishonestly withdrawn from an account to which a wrongful
credit has been made, but only to the extent that the money
derives from the credit.

(9) In this section 

“account” has the same meaning as in section 346(6);

"money" includes money expressed in a currency other
than the Bermuda dollar.

Possession of house breaking implements, etc.

Going equipped for stealing, etc.
360 (1) A person shall be guilty of an offence if, when not at his
place of abode, he has with him any article for use in the course
of or in connection with any burglary, theft or cheat.

(2) A person guilty of an offence under this section shall on
summary conviction be liable to a fine of $5,000 or to
imprisonment for two years and on conviction on indictment to a
fine of $20,000 or imprisonment for six years or both.

(3) Where a person is charged with an offence under this
section, proof that he had with him any article made or adapted
for use in committing a burglary, theft or cheat shall be evidence
that he had it with him for such use.

(4) For purposes of this section an offence under section
342(1) of taking a conveyance shall be treated as theft, and
“cheat” means an offence under section 345.

Enforcement and procedure

Search for stolen goods
361 (1) If it appears to a magistrate, from information given him
on oath, that there is reasonable cause to believe that any
person has in his custody or possession or on his premises any
stolen goods, the magistrate may grant a warrant to search for
and seize the same.

(2) Where under this section a person is authorised to
search premises for stolen goods, he may enter and search the

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32

premises accordingly, and may seize any goods he believes to be
stolen goods.

(3) This section is to be construed in accordance with
section 358.

Evidence and procedure on charge of theft or handling
stolen goods
362 (1) Any number of persons may be charged in one
indictment, with reference to the same theft, with having at
different times or at the same time handled all or any of the
stolen goods, and the persons so charged may be tried together.

(2) On the trial of two or more persons indicted for jointly
handling any stolen goods the jury may find any of the accused
guilty if the jury are satisfied that he handled all or any of the
stolen goods, whether or not he did so jointly with the other
accused or any of them.

(3) Where a person is being proceeded against for handling
stolen goods (but not for any offence other than handling stolen
goods) then at any stage of the proceedings, if evidence has been
given of his having or arranging to have in his possession the
goods the subject of the charge, or of his undertaking or
assisting in, or arranging to undertake or assist in, their
retention, removal disposal or realisation, the following evidence
shall be admissible for the purpose of proving that he knew or
believed the goods to be stolen goods —

(a) evidence that he has had in his possession or
has undertaken or assisted in the retention,
removal, disposal or realisation of stolen goods
from any theft taking place not earlier than
twelve months before the offence charged; and

(b) (provided that seven days’ notice in writing has
been given to him of the intention to prove the
conviction) evidence that he has within the five
years preceding the date of the offence charged
been convicted of theft or of handling stolen
goods.

(4) In any proceedings for the theft of anything in the course
of transmission (whether by post or otherwise), or for handling
stolen goods from such a theft, a statutory declaration made by
any person that he despatched or received or failed to receive
any goods or postal packet, or that any goods or postal packet
when despatched or received by him were in a particular state or

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33

condition shall be admissible as evidence of the facts stated in
the declaration subject to the following conditions 

(a) a statutory declaration shall be in such form as
may be prescribed by the Minister of Justice, by
order subject to negative resolution procedure;

(b) a statutory declaration shall only be admissible
where and to the extent to which oral evidence
to the like effect would have been admissible in
the proceedings; and

(c) a statutory declaration shall only be admissible
if at least seven days before the hearing or trial a
copy of it has been given to the person charged,
and he has not at least three days before the
hearing or trial or within such further time as
the court may in special circumstances allow,
give the prosecution written notice requiring the
attendance at the hearing or trial of the person
making the declaration.

(5) Where the proceedings mentioned in subsection (4) are
proceedings before the Magistrates’ Court inquiring into an
offence as examining magistrate that subsection shall have effect
with the omission of paragraphs (b) and (c).

(6) This section is to be construed in accordance with
section 358; and in subsection (3)(b) the reference to handling
stolen goods shall include any corresponding offence committed
before the commencement of this Chapter.

(7) In subsection (5) the expression "Magistrates' Court
inquiring into an offence as examining magistrates" means a
magistrate conducting an examination of witnesses on an
information for an indictable offence under the Indictable
Offences Act 1929.

General and consequential provisions

Husband and wife
363 (1) This Chapter shall apply in relation to the parties to a
marriage, and to property belonging to the wife or husband
whether or not by reason of an interest derived from the
marriage, as it would apply if they were not married and any
such interest subsisted independently of the marriage.

(2) Subject to subsection (3), a person shall have the same
right to bring proceedings against that person’s wife or husband

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for any offence (whether under this Chapter or otherwise) as if
they were not married.

(3) Proceedings shall not be instituted against a person for
any offence of stealing or doing unlawful damage to property
which at the time of the offence belongs to that person’s wife or
husband, or for any attempt, incitement or conspiracy to commit
such an offence, unless the proceedings are instituted by or with
the consent of the Director of Public Prosecutions:

Provided that this subsection shall not apply to proceedings
against a person for an offence—

(a) if that person is charged with committing the
offence jointly with the wife or husband; or

(b) if by virtue of any judicial decree or order
(wherever made) that person and the wife or
husband are at the time of the offence under no
obligation to cohabit.

(4) Subsection (3) shall apply—

(a) to an arrest (if without warrant) made by the
wife or husband; and

(b) to a warrant of arrest issued on an information
laid by the wife or husband.

Effect on civil proceedings and rights
364 (1) A person shall not be excused, by reason that to do so
may incriminate that person or the wife or husband of that
person of an offence under this Chapter—

(a) from answering any question put to that person
in proceedings for the recovery or administration
of any property, for the execution of any trust or
for an account of any property or dealings with
property; or

(b) from complying with any order made in any
such proceedings;

but no statement or admission made by a person in answering a
question put or complying with an order made as aforesaid shall,
in proceedings for an offence under this Chapter, be admissible
in evidence against that person or (unless they married after the
making of the statement or admission) against the wife or
husband of that person.

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(2) Notwithstanding any enactment to the contrary, where
property has been stolen or obtained by fraud or other wrongful
means the title to that or any other property shall not be affected
by reason only of the conviction of the offender.

Chapter 3: Forgery and kindred offences

Interpretation of Chapter 3

Meaning of “instrument”
365 (1) Subject to subsection (2), in this Chapter “instrument”
means—

(a) any document, whether of a formal or informal
character;

(b) any stamp issued or sold by the post office;

(c) any Revenue stamp; and

(d) any disc, tape, sound track or other device on or
in which information is recorded or stored by
mechanical, electronic or other means.

(2) A currency note within the meaning of section 163(1) is
not an instrument for the purposes of this Chapter.

(3) A mark denoting payment of postage which the post
office authorises to be used instead of an adhesive stamp is to be
treated for the purposes of this Chapter as if it were a stamp
issued by the post office.

(4) In this Chapter Revenue stamp means a stamp as
defined in section 1 of the Stamp Duties Act 1976.

Meaning of “false” and “making”
366 (1) An instrument is false for the purposes of this
Chapter —

(a) if it purports to have been made in the form in
which it is made by a person who did not in fact
make it in that form; or

(b) if it purports to have been made in the form in
which it is made on the authority of a person
who did not in fact authorise its making in that
form;

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(c) if it purports to have been made in the terms in
which it is made by a person who did not in fact
make it in those terms;

(d) if it purports to have been made in the terms in
which it is made on the authority of a person
who did not in fact authorise its making in those
terms;

(e) if it purports to have been altered in any respect
by a person who did not in fact alter it in that
respect;

(f) if it purports to have been altered in any respect
on the authority of a person who did not in fact
authorise the alteration in that respect;

(g) if it purports to have been made or altered on a
date on which or at a place at which or
otherwise in circumstances in which it was not
in fact made or altered; or

(h) if it purports to have been made or altered by an
existing person but he did not in fact exist.

(2) A person is to be treated for the purposes of this Chapter
as making a false instrument if he alters an instrument so as to
make it false in any respect (whether or not it is false in some
other respect apart from that alteration).

Meaning of “prejudice” and “induce”
367 (1) Subject to subsections (2) and (4), for the purposes of
this Chapter an act or omission intended to be induced is to a
person’s prejudice if, and only if, it is one which, if it occurs—

(a) will result—

(i) in his temporary or permanent loss of
property;

(ii) in his being deprived of an opportunity
to earn remuneration or greater
remuneration; or

(iii) in his being deprived of an opportunity
to gain a financial advantage otherwise
than by way of remuneration; or

(b) will result in somebody being given an
opportunity—

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(i) to earn remuneration or greater
remuneration from him; or

(ii) to gain a financial advantage from him
otherwise than by way of remuneration;
or

(c) will be the result of his having accepted a false
instrument as genuine, or a copy of a false
instrument as a copy of a genuine one, in
connection with his performance of any duty.

(2) An act which a person has an enforceable duty to do
and an omission to do an act which a person is not entitled to do
shall be disregarded for the purposes of this Chapter.

(3) In this Chapter, references to inducing somebody to
accept a false instrument as genuine, or a copy of a false
instrument as a copy of a genuine one, include references to
inducing a machine to respond to the instrument or copy as if it
were a genuine instrument or, as the case may be, a copy of a
genuine one.

(4) Where subsection (3) applies, the act or omission
intended to be induced by the machine responding to the
instrument or copy shall be treated as an act or omission to a
person’s prejudice.

(5) In this section, “loss” includes not getting what one
might get as well as parting with what one has.

Offences

The offence of forgery
368 A person is guilty of forgery if he makes a false instrument,
with the intention that he or another shall use it to induce
somebody to accept it as genuine, and by reason of so accepting
it to do or not to do some act to his own or any other person’s
prejudice.

The offence of copying a false instrument
369 It is an offence for a person to make a copy of an
instrument which is, and which he knows or believes to be, a
false instrument, with the intention that he or another shall use
it to induce somebody to accept it as a copy of a genuine
instrument, and by reason of so accepting it to do or not to do
some act to his own or any other person’s prejudice.

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The offence of using a false instrument
370 It is an offence for a person to use an instrument which is,
and which he knows or believes to be, false, with the intention of
inducing somebody to accept it as genuine and by reason of so
accepting it to do or not to do some act to his own or any other
person's prejudice.

The offence of using a copy of a false instrument
371 It is an offence for a person to use a copy of an instrument
which is, and which he knows or believes to be, a false
instrument, with the intention of inducing somebody to accept it
as a copy of a genuine instrument and by reason of so accepting
it to do or not to do some act to his own or any other person's
prejudice.

Offences relating to money orders, share certificates,
passports, etc.
372 (1) It is an offence for a person to have in his custody or
under his control an instrument to which this section applies
which is, and which he knows or believes to be, false, with the
intention that he or another shall use it to induce somebody to
accept it as genuine, and by reason of so accepting it to do or
not to do some act to his own or any other person's prejudice.

(2) It is an offence for a person to have in his custody or
under his control, without lawful authority or excuse, an
instrument to which this section applies which is, and which he
knows or believes to be, false.

(3) It is an offence for a person to make or to have in his
custody or under his control a machine or implement, or paper
or any other material, which to his knowledge is or has been
specially designed or adapted for the making of an instrument to
which this section applies, with the intention that he or another
shall make an instrument to which this section applies which is
false and that he or another shall use the instrument to induce
somebody to accept it as genuine, and by reason of so accepting
it to do or not to do some act to his own or any other person’s
prejudice.

(4) It is an offence for a person to make or to have in his
custody or under his control any such machine, implement,
paper or material, without lawful authority or excuse.

(5) The instruments to which this section applies are—

(a) money orders;

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(b) postal orders;

(c) Bermuda postage stamps;

(d) Revenue stamps;

(e) share certificates;

(f) passports and documents which can be used
instead of passports;

(g) cheques;

(h) travellers’ cheques;

(j) debit cards;

(k) credit cards;

(l) certified copies relating to an entry in a register
of births, adoptions, marriages or deaths and
issued by the Registrar General, a registration
officer or a person lawfully authorised to register
marriages; and

(m)certificates relating to entries in such registers.

(6) In subsection (5)(e) “share certificate” means an
instrument entitling or evidencing the title of a person to a share
or interest—

(a) in any public stock, annuity, fund or debt of any
government or state, including a state which
forms part of another state; or

(b) in any stock, fund or debt of a body (whether
corporate or unincorporated established in
Bermuda or elsewhere.

Penalties, etc.

Penalties for offences under this Chapter
373 A person guilty of an offence under this chapter shall be
liable on summary conviction to a fine of $10,000 or to
imprisonment for five years, or both, and on conviction on
indictment to a fine of $100,000 or to imprisonment for ten
years, or both.

Powers of search, forfeiture, etc.
374 (1) If it appears to a magistrate, from information given him
on oath, that there is reasonable cause to believe that a person
has in his custody or under his control—

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(a) any thing which he or another has used,
whether before or after the coming into force of
this Chapter, or intends to use, for the making
of any false instrument or copy of a false
instrument, in contravention of section 368 or
369; or

(b) any false instrument or copy of a false
instrument which he or another has used,
whether before or after the coming into force of
this Chapter, or intends to use, in contravention
of section 370 or 371; or

(c) any thing custody or control of which without
lawful authority or excuse is an offence under
section 372;

the magistrate may issue a warrant authorising a police officer to
search for and seize the object in question, and for that purpose
to enter any premises specified in the warrant.

(2) A police officer may at any time after the seizure of any
object suspected of falling within paragraph (a), (b) or (c) of
subsection (1) (whether the seizure was effected by virtue of a
warrant under that subsection or otherwise) apply to the
Magistrates’ Court for an order under this subsection with
respect to the object; and the court, if it is satisfied both that the
object in fact falls within any of those paragraphs and that it is
conducive to the public interest to do so, may make such order
as it thinks fit for the forfeiture of the object and its subsequent
destruction or disposal.

(3) Subject to subsection (4), the court by or before which a
person is convicted of an offence under this Chapter may order
any object shown to the satisfaction of the court to relate to the
offence to be forfeited and either destroyed or dealt with in such
other manner as the court may order.

(4) The court shall not order any object to be forfeited under
subsection (2) or (3) where a person claiming to be the owner of
or otherwise interested in it applies to be heard by the court,
unless an opportunity has been given to him to show cause why
the order should not be made.

Power of arrest
375 Every offence under this Part is an offence for which an
offender may be arrested without warrant, and the provisions of
section 454 shall apply to all such offences.

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PART XX
JURISDICTION

Offences to which this Part applies
376 (1) This Part applies to two groups of offences —

(a) any offence mentioned in subsection (2) (a "Group A
offence"); and

(b) any offence mentioned in subsection (3) (a "Group B
offence").

(2) The Group A offences are —

(a) an offence under any of the following provisions of
Part XIX —

section 331 (theft);

section 345 (obtaining property by deception);

section 346 (obtaining a money transfer by
deception);

section 347 (obtaining pecuniary advantage by
deception);

section 348 (obtaining services by deception);

section 349 (avoiding liability by deception);

section 351 (false accounting);

section 353 (false statements by company directors,
etc.);

section 354(2) (procuring execution of valuable
security by deception);

section 355 (blackmail);

section 356 (handling stolen goods);

section 359 (dishonestly retaining wrongful credit);

section 368 (forgery);

section 369 (copying a false instrument);

section 370 (using a false instrument);

section 371 (using a copy of a false instrument);

section 372 (offences which relate to money orders,
share certificates, passports, etc.).

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(3) The Group B offences are —

(a) conspiracy to commit a Group A offence;

(b) conspiracy to defraud;

(c) attempting to commit a Group A offence;

(d) incitement to commit a Group A offence.

(4) The Minister of Justice may by order subject to
affirmative resolution procedure amend subsection (2) or (3) by
adding or removing any offence

Jurisdiction in respect of Group A offences
377 (1) For the purposes of this Part, "relevant event" , in
relation to any Group A offence, means any act or omission or
other event (including any result of one or more acts or
omissions) proof of which is required for conviction of the
offence.

(2) For the purpose of determining whether or not a
particular event is a relevant event in relation to a Group A
offence, any question as to where it occurred is to be
disregarded.

(3) A person may be guilty of a Group A offence if any of the
events which are relevant events in relation to the offence
occurred in Bermuda.

Questions immaterial to jurisdiction in the case of certain
offences
378 (1) A person may be guilty of a Group A or Group B offence
whether or not —

(a) he was a British citizen at any material time; or

(b) he was in Bermuda at any such time.

(2) On a charge of conspiracy to commit a Group A offence,
or on a charge of conspiracy to defraud in Bermuda, the
defendant may be guilty of the offence whether or not —

(a) he became a party to the conspiracy in Bermuda; or

(b) any act or omission or other event in relation to the
conspiracy occurred in Bermuda.

(3) On a charge of attempting to commit a Group A offence,
the defendant may be guilty of the offence whether or not —

(a) the attempt was made in Bermuda; or

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(b) it had an effect in Bermuda.

(4) Subsection (1)(a) does not apply where jurisdiction is
given to try the offence in question by an enactment which
makes provision by reference to the nationality of the person
charged.

Rules for determining certain jurisdictional questions
relating to the location of events
379 In relation to a Group A or Group B offence —

(a) there is an obtaining of property in Bermuda if the
property is either despatched from or received at a place
in Bermuda; and

(b) there is a communication in Bermuda of any
information, instruction, request, demand or other
matter if it is sent by any means —

(i) from a place in Bermuda to a place elsewhere; or

(ii) from a place elsewhere to a place in Bermuda.

Conspiracy, attempt and incitement
380 (1) A person may be guilty of conspiracy to defraud if —

(a) a party to the agreement constituting the conspiracy,
or a party's agent, did anything in Bermuda in
relation to the agreement before its formation; or

(b) a party to it became a party in Bermuda (by joining it
either in person or through an agent); or

(c) a party to it, or a party's agent, did or omitted
anything in Bermuda in pursuance of it,

and the conspiracy would be triable in Bermuda but for the
fraud which the parties to it had in view not being intended to
take place in Bermuda.

(2) A person may be guilty of incitement to commit a Group
A offence if the incitement —

(a) takes place in Bermuda; and

(b) would be triable in Bermuda but for what the person
charged had in view not being an offence triable in
Bermuda.

(3) Subsections (1) and (2) are subject to section 381.

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Relevance of external law
381 (1) A person is guilty of an offence triable by virtue of
section 380(1), only if the pursuit of the agreed course would at
some stage involve —

(a) an act or omission by one or more of the parties; or

(b) the happening of some other event,

constituting an offence under the law in force where the act,
omission or other event was intended to take place.

(2) A person is guilty of an offence triable by virtue of
section 380(2), only if what he had in view would involve the
commission of an offence under the law in force where the whole
or any part of it was intended to take place.

(3) Conduct punishable under the law in force in any place
is an offence under that law for the purposes of this section,
however it is described in that law.

(4) Subject to subsection (6), a condition specified in
subsection (1) or (2) shall be taken to be satisfied unless, not
later than rules of court may provide, the defence serve on the
prosecution a notice —

(a) stating that, on the facts as alleged with respect to
the relevant conduct, the condition is not in their
opinion satisfied;

(b) showing their grounds for that opinion; and

(c) requiring the prosecution to show that it is satisfied.

(5) In subsection (4) "the relevant conduct" means —

(a) where the condition in subsection (1) is in question,
the agreed course of conduct; and

(b) where the condition in subsection (2) is in question,
what the defendant had in view.

(6) The court, if it thinks fit, may permit the defence to
require the prosecution to show that the condition is satisfied
without the prior service of a notice under subsection (4).

(7) In the Supreme Court, the question whether the
condition is satisfied shall be decided by the judge alone.

Application
382 Nothing in any provision in this Part applies to any act,
omission or other event occurring before the coming into force of
that provision.".

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45

Part XXII of principal Act repealed
9. Part XXII (sections 406 to 423) of the principal Act is repealed.

Section 496 of the principal Act repealed and replaced
10. Section 496 of the principal Act is repealed and replaced with the
following

"Alternative conviction: general
496. (1) Where, on a person's trial on indictment for any offence
except treason or murder, the jury find him not guilty of the offence
specifically charged in the indictment, but the allegations in the
indictment amount to or include (expressly or by implication) an
allegation of another offence falling within the jurisdiction of the
court of trial, the jury may find him guilty of that other offence or of
an offence of which he could be found guilty on an indictment
specifically charging that other offence.

(2) For the purposes of subsection (1), any allegation of an
offence shall be taken as including an allegation of attempting to
commit that offence.".

Section 525 of principal Act amended
11. Section 525 of the principal Act is amended by deleting the
words beginning with ", subject to assent" and ending with "accused
person".

Bermuda Monetary Authority Act 1969 amended
12. Section 34 of the Bermuda Monetary Authority Act 1969 is
repealed.

Construction of references to offences
13. Except as regards offences committed before the commencement
of this Act, and except in so far as the context otherwise requires 

(a) references in any enactment passed before this Act
(including the principal Act) to an offence abolished by
this Act shall, subject to any express amendment or
repeal made by this Act, have effect as references to the
corresponding offence under Part IX or XIX of the
principal Act as repealed and replaced by this Act, and
in any such enactment the expression "receive" (when it
relates to an offence of receiving) shall mean handle, and
"receiver" shall be construed accordingly; and

(b) without prejudice to paragraph (a), references in any
enactment (including the principal Act), whenever
passed, to theft or stealing (including references to stolen

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46

goods), and references to robbery, blackmail, burglary or
handling stolen goods shall be construed in accordance
with the provisions of Part IX or XIX of the principal Act
as repealed and replaced by this Act, including those of
section 358.

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